I have a landlord with a tenant in 4+ months of arrears who I served a Section 8 and 21 to, expiring 09/08/21.
The tenant got into arrears back in August 2020. Direct payment was set up in October but delayed until January 2021 due to a mix up at the Universal Credit offices. They had been paying £40.99 each month towards the arrears as well as the rent since January. The tenant then changed her claim to a joint one in April 2021 which meant direct payments stopped but as the tenant wasn’t making any rent payments to me, I had to re-apply for them in May. I have received one rent payment in June but nothing towards arrears. The tenant has consistently been in at least 2 months arrears since last August. Notice was served in February 2021.
The landlord wants to go to court for possession as soon as soon as he can but reading the Pre-Action Protocol;
2.6 Possession proceedings for rent arrears should not be started against a tenant who can demonstrate that –
(a) the local authority or DWP have been provided with all the evidence required to process a housing benefit or universal credit (housing element) claim;
Does this mean that the landlord cannot in fact take action? He is owed £2836.04 (rent £580pcm). The tenants are not keeping the property in good order and have had the Police and Social Services called to the property a couple of times hence wanting them to leave.
If he can’t go to court over the arrears, can he still get possession via the Section 21?